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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Stronger Communities Legislation
Amendment (Crimes) Bill 2020
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Explanatory notes 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2020
New South Wales
Stronger Communities Legislation
Amendment (Crimes) Bill 2020
Act No , 2020
An Act to amend various Acts relating to crimes and other matters in the Communities and Justice
portfolio.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Stronger Communities Legislation Amendment (Crimes) Bill 2020 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Stronger Communities Legislation Amendment (Crimes) Act 2020.
2 Commencement
This Act commences on the date of assent to this Act.
3 Explanatory notes
The matter appearing under the heading "Explanatory note" in Schedule 1 does not
form part of this Act.
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Stronger Communities Legislation Amendment (Crimes) Bill 2020 [NSW]
Schedule 1 Amendments
Schedule 1 Amendments
1.1 Children (Criminal Proceedings) Act 1987 No 55
[1] Section 19 Court may direct imprisonment to be served as a juvenile offender
Omit "Note." from the note to section 19(1). Insert instead "Note 1."
[2] Section 19(1), note 2
Insert after note 1 (as amended by item [1])--
Note 2. Section 9A of the Children (Detention Centres) Act 1987 provides that persons
who are 18 years of age or older are not to be detained in a detention centre in certain
circumstances.
[3] Section 19(7)
Insert "9A or" before "28".
Explanatory note
Item [2] of the proposed amendments clarifies that persons aged between 18 and 21 years are, as a
result of an amendment to the Children (Detention Centres) Act 1987 made by this Schedule, unable
to be detained in a detention centre under that Act in certain circumstances. Items [1] and [3] make
consequential amendments.
1.2 Children (Detention Centres) Act 1987 No 57
[1] Section 9A Certain persons not to be detained in detention centres
Omit "he or she" wherever occurring in section 9A(1) and (2).
Insert instead "the person".
[2] Section 9A(3)-(5)
Omit the note to section 9A. Insert instead--
(3) A person who is of or above the age of 18 years, but under the age of 21 years,
is not to be detained in a detention centre if--
(a) the person--
(i) is currently in custody in a correctional centre, and
(ii) has been in custody in a correctional centre for a period of, or
periods totalling, more than 4 weeks, or
(b) an order under section 28(1) has previously been made in relation to the
person's current period of custody in a correctional centre.
(4) Subsection (3) does not apply if the person is a juvenile inmate transferred to
a detention centre by order under section 10(1).
(5) A person who is not to be detained in a detention centre because of subsection
(3) is taken to be an inmate under the Crimes (Administration of Sentences) Act
1999.
[3] Section 26A
Insert after section 26--
26A Use of Corrective Services staff to convey national security interest detainees
(1) The Commissioner of Corrective Services may, at the request of the Secretary,
authorise a correctional officer to convey a national security interest detainee
to or from a detention centre.
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Schedule 1 Amendments
(2) A correctional officer who conveys a national security interest detainee in
accordance with the Commissioner's authorisation has the following functions
and immunities in relation to the detainee--
(a) the functions and immunities of a juvenile justice officer in relation to a
detainee, and
(b) the functions and immunities of a correctional officer in relation to an
inmate under the Crimes (Administration of Sentences) Act 1999.
(3) In this section--
national security interest detainee means a detainee designated by the
Secretary as a national security interest detainee under the regulations.
[4] Section 28 Transfer of older detainees from detention centres to correctional centres
Omit "Subsection (2) does not apply" from section 28(2C).
Insert instead "The limitations on the making of an order under subsection (1) that are
specified in subsection (2) do not apply".
[5] Section 28(2D)
Omit "Subsection (2A) does not apply".
Insert instead "The limitations on the making of an order under subsection (1) that are
specified in subsection (2A) do not apply".
[6] Section 91 Security of certain information
Omit section 91(1).
[7] Section 91(2)
Omit "A person is not required to comply with an information requirement to provide a
copy of a report or other document if compliance with the requirement".
Insert instead "Nothing in this Act or the regulations requires a person to be provided with
a copy of a report or another document, or part of the report or document, if its provision to
the person".
[8] Section 91(3)
Omit "A person is not required to comply with an information requirement to provide
information about any part of the content of a report or other document if a copy of the
report or document cannot be provided because of subsection (2) and".
Insert instead "Nothing in this Act or the regulations requires a person to be provided with
information about the content of a report or other document, a copy of which is not required
to be provided to a person by operation of subsection (2), if".
Explanatory note
Item [2] of the proposed amendments prevents a person aged between 18 and 21 years from being
detained in a detention centre if the person has been in custody in a correctional centre for more than
4 weeks or has, in relation to the person's current period of custody in a correctional centre, been
transferred from a detention centre to a correctional centre. The provision does not apply if the person
is transferred from a correctional centre to a detention centre by order of the Minister administering
the Crimes (Administration of Sentences) Act 1999.
Item [3] allows national security interest detainees to be conveyed by correctional officers to or from
detention centres if authorised to do so by the Commissioner of Corrective Services at the request of
the Secretary of the Department of Communities and Justice. Correctional officers will have, in
relation to the detainees, the same functions and immunities as juvenile justice officers have when
dealing with detainees, and also the same functions and immunities as correctional officers have
when dealing with inmates under the Crimes (Administration of Sentences) Act 1999.
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Schedule 1 Amendments
Items [7] and [8] ensure that nothing in or under the Children (Detention Centres) Act 1987 requires
a report, document or information to be provided to a person if a Children's Magistrate is of the opinion
that providing it would prejudice the public interest or cause other adverse consequences. Item [6]
makes a consequential amendment. The amendments make the amended provision consistent with
an equivalent provision of the Crimes (Administration of Sentences) Act 1999.
Items [4] and [5] are minor amendments to clarify the operation of provisions limiting the power to
transfer an older detainee from a detention centre to a correctional centre.
Item [1] revises terminology.
1.3 Court Suppression and Non-publication Orders Act 2010 No 106
Section 17 Proceedings for offences
Insert after section 17(2)--
(3) Proceedings for an offence under this Act that are brought before the Local
Court must be commenced within 2 years of the date of the alleged offence.
Explanatory note
The proposed amendment extends the time limit for commencing summary proceedings in the Local
Court for the offence of contravening a suppression order or non-publication order. The proposed
amendment extends the time limit from within 6 months of the date of the alleged offence to within 2
years.
1.4 Crimes Act 1900 No 40
[1] Section 316 Concealing serious indictable offence
Insert after section 316(1)--
(1A) For the purposes of subsection (1), a person has a reasonable excuse for failing
to bring information to the attention of a member of the NSW Police Force or
other appropriate authority if--
(a) the information relates to a sexual offence or a domestic violence
offence against a person (the alleged victim), and
(b) the alleged victim was an adult at the time the information was obtained
by the person, and
(c) the person believes on reasonable grounds that the alleged victim does
not wish the information to be reported to police or another appropriate
authority.
(1B) Subsection (1A) does not limit the grounds on which it may be established that
a person has a reasonable excuse for failing to bring information to the
attention of a member of the NSW Police Force or other appropriate authority.
[2] Section 316(6)
Insert in alphabetical order--
domestic violence offence has the same meaning as in the Crimes (Domestic
and Personal Violence) Act 2007.
sexual offence means the following offences--
(a) an offence under a provision of Division 10 of Part 3 where the alleged
victim is an adult,
(b) an offence under a previous enactment that is substantially similar to an
offence referred to in paragraph (a).
Explanatory note
Item [1] of the proposed amendments makes it a reasonable excuse for a person to fail to report
information relating to alleged sexual offences and alleged domestic violence offences to police and
other authorities if the alleged victim is an adult and the person believes on reasonable grounds that
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Schedule 1 Amendments
the alleged victim does not wish the information to be reported. Item [2] defines terms for the purposes
of the reasonable excuse.
1.5 Crimes (Administration of Sentences) Act 1999 No 93
Section 3 Interpretation
Insert at the end of section 3(2)(d)--
, and
(e) a reference to a condition that a person not commit any offence is a
reference to any offence whether committed in New South Wales or in
any other State or Territory, and
(f) a reference to an obligation that a person not commit any offence is a
reference to any offence whether committed in New South Wales or in
any other State or Territory.
Explanatory note
The proposed amendment clarifies that where an offender is released on parole, on a re-integration
home detention order, an intensive correction order, a community correction order or a conditional
release order and that release has a condition that the offender must not commit any offence, the
condition applies to an offence committed in New South Wales or in any other State or Territory.
1.6 Crimes (Appeal and Review) Act 2001 No 120
[1] Section 4 Applications to Local Court
Omit "Minister" from section 4(2)(b). Insert instead "Attorney General".
[2] Section 5, heading
Omit "Minister". Insert instead "Attorney General".
[3] Sections 5, 77, 87 and 114A
Omit "Minister" wherever occurring. Insert instead "Attorney General".
[4] Section 69
Omit the section. Insert instead--
69 Effect of confirmation of sentence on good behaviour bonds, community
correction orders and conditional release orders
(1) The following continue to have effect if an appeal court confirms a sentence
on appeal--
(a) a good behaviour bond entered into by the appellant as a consequence
of the original sentence,
(b) a community correction order or conditional release order made in
relation to the appellant as a consequence of the original sentence.
(2) The bond or order continues to have effect--
(a) according to its terms, except to the extent to which the appeal court
otherwise directs, and
(b) despite any stay of execution that has been in force in respect of the
sentence.
Explanatory note
Item [3] of the proposed amendments provides that certain functions of the Minister administering the
Act are to be exercised by the Attorney General instead. Items [1] and [2] make consequential
amendments.
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Stronger Communities Legislation Amendment (Crimes) Bill 2020 [NSW]
Schedule 1 Amendments
Item [4] makes it clear that if an appeal court confirms a sentence on appeal, a community correction
order or conditional release order made in relation to the appellant as a consequence of that sentence
continues to have effect according to its terms, except to the extent to which the appeal court
otherwise directs.
1.7 Crimes (Sentencing Procedure) Act 1999 No 92
Section 3 Interpretation
Insert at the end of section 3(2)(d)--
, and
(e) a reference to a condition that a person not commit any offence is a
reference to any offence whether committed in New South Wales or in
any other State or Territory, and
(f) a reference to an obligation that a person not commit any offence is a
reference to any offence whether committed in New South Wales or in
any other State or Territory.
Explanatory note
The proposed amendment clarifies that where an offender is sentenced to an intensive correction
order, a community correction order or a conditional release order and that order has a condition that
the offender must not commit any offence, the condition applies to an offence committed in New South
Wales or in any other State or Territory.
1.8 Criminal Records Act 1991 No 8
[1] Section 8 When is a conviction spent?
Omit "term and with 1 or more additional or further conditions imposed under that Act"
from section 8(4)(c).
Insert instead "period".
[2] Section 13 Unlawful disclosure of information concerning spent convictions
Insert after section 13(4)--
(4AA) It is not an offence for a person employed in Corrective Services NSW to make
information relating to a spent conviction available to another person if--
(a) making the information available is not an offence under the Crimes
(Administration of Sentences) Act 1999, and
(b) the person employed in Corrective Services NSW does not know, and
could not reasonably be expected to know, the conviction is a spent
conviction.
[3] Section 13(5)
Insert in alphabetical order--
Corrective Services NSW has the same meaning as in the Crimes
(Administration of Sentences) Act 1999.
Explanatory note
Item [1] of the proposed amendments provides that a finding that an offence has been proved, where
a conditional release order under section 9 of the Crimes (Sentencing Procedure) Act 1999 is made,
with no conviction recorded and no additional or further conditions imposed, is spent on satisfactory
completion of the order. Currently, the finding is spent immediately after the order is made. The effect
of the amendment is that all conditional release orders, whether or not a conviction is recorded and
whether or not additional or further conditions are imposed, will not be spent until the order is
completed.
Item [2] provides that it is not an offence if a person employed in Corrective Services NSW discloses
information relating to a spent conviction where the disclosure is not an offence under the Crimes
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Schedule 1 Amendments
(Administration of Sentences) Act 1999 and the person does not know, and could not reasonably be
expected to know, the conviction is a spent conviction. Item [3] makes a consequential amendment.
1.9 Drug Misuse and Trafficking Act 1985 No 226
[1] Schedule 1
Omit the matter relating to "Delta-9-tetrahydrocannabinol (dronabinol) where prepared and
packed for therapeutic use".
[2] Schedule 1
Insert in alphabetical order--
Dronabinol 0.6g 0.2g 1.0g 0.1kg 0.5kg --
(Delta-9-tetrahydrocannabinol)
Explanatory note
The proposed amendment addresses confusion caused by the implication in the existing entry that
dronabinol is a prohibited drug only when prepared and packed for therapeutic use.
1.10 Justice Legislation Amendment Act (No 3) 2018 No 87
[1] Schedule 1 Principal amendments
Insert ", or to which the person otherwise has or had access," after "information obtained"
in section 102(1) of the Children (Detention Centres) Act 1987 as substituted by Schedule
1.4[4].
[2] Schedule 1.4[4], section 102A(1) of the Children (Detention Centres) Act 1987
Insert ", or to which the Secretary otherwise has or had access," after "by the Secretary".
[3] Schedule 1.4[4], section 102B(5) of the Children (Detention Centres) Act 1987
Omit the definition of relevant agency. Insert instead--
relevant agency means--
(a) a law enforcement agency, or
(b) an intelligence agency of an Australian jurisdiction, or
(c) a government agency of a State or Territory that corresponds with the
Department, or
(d) a person or body prescribed by the regulations.
Explanatory note
Items [1] and [2] of the proposed amendments clarify that uncommenced provisions of the Children
(Detention Centres) Act 1987 limiting or authorising disclosure of information apply in relation to
information to which a person, or the Secretary of the Department of Communities and Justice (the
Secretary), has or had access in connection with the administration or execution of that Act.
Item [3] enables the Secretary to enter into an information sharing arrangement with an intelligence
agency. Item [3] also provides that all law enforcement agencies and government agencies of a State
or Territory that correspond with the Department of Communities and Justice may enter into
information sharing arrangements without being prescribed by the regulations.
The amendments make the amended provisions consistent with equivalent provisions of the Crimes
(Administration of Sentences) Act 1999.
1.11 Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Section 9 Power to enter in emergencies
Insert at the end of section 9(1)(b)--
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Schedule 1 Amendments
, or
(c) the body of a person who has died, otherwise than as a result of an
offence, is on the premises and there is no occupier on the premises to
consent to the entry.
(1A) Before entering premises under subsection (1)(c), the police officer must
obtain approval to do so (orally or in writing) from a police officer of or above
the rank of Inspector.
Explanatory note
The proposed amendment provides that a police officer may enter premises if the police officer
believes on reasonable grounds that a deceased person is on the premises, that the person's death
is not the result of an offence and that no other person is present on the premises to consent to the
entry. The entry must be authorised by a police officer of the rank of Inspector or higher.
1.12 Mental Health and Cognitive Impairment Forensic Provisions Act 2020
No 12
[1] Schedule 3 Amendment of Acts
Insert after Schedule 3.4--
3.4A Civil Liability Act 2002 No 22
[1] Section 3 Definitions
Insert in alphabetical order--
cognitive impairment has the same meaning as in the Mental Health and Cognitive
Impairment Forensic Provisions Act 2020.
mental health impairment has the same meaning as in the Mental Health and
Cognitive Impairment Forensic Provisions Act 2020.
special verdict of act proven but not criminally responsible has the same meaning
as in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
[2] Section 26K Interpretation
Omit section 26K(2)(b). Insert instead--
(b) extends to conduct of a person that would have constituted an
offence if the person had not at the time of the conduct had--
(i) a mental health impairment, or
(ii) a cognitive impairment, or
(iii) both, and
(c) applies whether or not--
(i) a special verdict of act proven but not criminally
responsible is entered concerning that conduct, or
(ii) the person was found by a court to be unfit to be tried for
an offence.
[3] Section 26W Division overrides Part 7 Division 2
Omit "(Supervision of damages arising out of criminal conduct by persons suffering
from mental illness)".
[4] Sections 52(1)(b), 54A(1)(b) and (4)(b) and 54C(1)(b) and (3)(b)
Omit "been suffering from a mental illness" wherever occurring.
Insert instead "had a mental health impairment or a cognitive impairment".
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[5] Section 54A, heading
Omit "mentally ill". Insert instead "impaired".
[6] Section 54A(5)
Omit "mental illness". Insert instead "mental health impairment or cognitive
impairment".
[7] Section 54A(5)
Omit "an illness". Insert instead "an impairment".
[8] Part 7, Division 2, heading
Omit "suffering from mental illness" from the heading.
Insert instead "with a mental health impairment or a cognitive impairment".
[9] Schedule 1 Savings and transitional provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Provision consequent on enactment of Mental Health and
Cognitive Impairment Forensic Provisions Act 2020
References to mental illness
A reference in this Act to a mental health impairment or a cognitive
impairment is taken to include, for anything occurring before the
commencement of the Mental Health and Cognitive Impairment
Forensic Provisions Act 2020, a reference to a mental illness.
[2] Schedule 3.9[3]
Insert after item [2]--
[3] Section 112 Other appeal or review rights not affected
Omit "ground of mental illness where mental illness" from section 112(1).
Insert instead "grounds of mental health impairment or cognitive impairment
if the defence of mental health impairment or cognitive impairment".
[3] Schedule 3.13A
Insert after Schedule 3.13--
3.13A Forfeiture Act 1995 No 65
[1] Section 10 Definitions
Omit the definition of offender. Insert instead--
offender means a person who has killed another person and for whom a
special verdict of act proven but not criminally responsible is entered.
special verdict of act proven but not criminally responsible has the
same meaning as in the Mental Health and Cognitive Impairment
Forensic Provisions Act 2020.
[2] Section 11 Power of Supreme Court to apply forfeiture rule
Omit section 11(1). Insert instead--
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Stronger Communities Legislation Amendment (Crimes) Bill 2020 [NSW]
Schedule 1 Amendments
(1) If a person is not subject to the forfeiture rule because the person is an
offender, any interested person may apply to the Supreme Court for an
order that the forfeiture rule apply as if the offender had been found
guilty of murder.
Explanatory note
The proposed amendments to each Act are consequential to the passage of the Mental Health and
Cognitive Impairment Forensic Provisions Act 2020. The amendments will commence on
commencement of that Act.
1.13 Mental Health (Forensic Provisions) Amendment (Victims) Act 2018 No
85
Schedule 3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
Omit the Schedule.
Explanatory note
The proposed amendment repeals the uncommenced Schedule 3 to the Mental Health (Forensic
Provisions) Amendment (Victims) Act 2018 as the same provisions were inserted into the Crimes
(Sentencing Procedure) Act 1999 by the Crimes Legislation Amendment (Victims) Act 2018.
1.14 Scrap Metal Industry Act 2016 No 42
[1] Section 16 Transaction records
Omit section 16(1)(c). Insert instead--
(c) if the sale is conducted by a corporation--
(i) the name, business address and ABN of the corporation, and
(ii) unless subsection (1A) applies, a statement signed by an
executive officer of the corporation, or an employee authorised in
writing by an executive officer of the corporation, consenting to
the sale (a sale consent),
[2] Section 16(1A)
Insert after section 16(1)--
(1A) A record of a sale consent is not required in respect of a sale conducted by a
corporation if--
(a) the terms of the sale are within the terms of a statement signed by an
executive officer of the corporation, or an employee authorised in
writing by an executive officer of the corporation, authorising the
corporation to sell scrap metal to the scrap metal dealer, and
(b) the statement was signed no more than 12 months before the date of the
sale and has not been withdrawn, and
(c) the scrap metal dealer keeps a record of the statement.
Explanatory note
Item [2] of the proposed amendments provides that a record of sale consent is not required for a sale
made by a corporation to a scrap metal dealer if the corporation has a current authorisation to sell to
the scrap metal dealer. The terms of the sale must be within the terms of the authorisation, a record
of which must be kept by the scrap metal dealer. Currently, scrap metal dealers are required to obtain
a separate consent in respect of each transaction with a corporation. Item [1] makes a consequential
amendment.
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1.15 Surveillance Devices Act 2007 No 64
[1] Section 4 Definitions
Omit "or Division 3A of Part 6 of the Crimes (Administration of Sentences) Act 1999" from
paragraph (q) of the definition of relevant proceeding in section 4(1).
[2] Section 4(1), definition of "relevant proceeding"
Insert at the end of the definition--
(s) a proceeding before the State Parole Authority under Part 6 or 7 of the
Crimes (Administration of Sentences) Act 1999,
(t) an application under the Crimes (Serious Crime Prevention Orders) Act
2016 to an appropriate court within the meaning of that Act, or an
appeal under section 11 of that Act,
(u) an application under Part 5 of the Crimes (Forensic Procedures) Act
2000,
(v) a proceeding before the Civil and Administrative Tribunal in respect of
an application for administrative review under section 75(1)(a) or (f) of
the Firearms Act 1996.
[3] Section 18
Omit the section. Insert instead--
18 Remote application
(1) An application for a surveillance device warrant may be made under section
17 by telephone, e-mail or any other means of communication if--
(a) a law enforcement officer reasonably believes that it is impracticable for
the application to be made in person, or
(b) a law enforcement officer reasonably believes that the immediate use of
a surveillance device is necessary, or
(c) the eligible Judge or eligible Magistrate who is to determine the
application requests that it is made that way.
(2) If an affidavit has been prepared, the person applying must transmit a copy of
the affidavit, whether sworn or unsworn, to the eligible Judge or eligible
Magistrate who is to determine the application.
[4] Section 19 Determining the application
Omit section 19(1)(c). Insert instead--
(c) in the case of a remote application--the application is made is
accordance with section 18, and
[5] Section 26
Omit the section. Insert instead--
26 Remote application
(1) An application for a retrieval warrant may be made under section 25 by
telephone, e-mail or any other means of communication if--
(a) a law enforcement officer reasonably believes that it is impracticable for
the application to be made in person, or
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Schedule 1 Amendments
(b) the eligible Judge or eligible Magistrate who is to determine the
application requests that it is made that way.
(2) If an affidavit has been prepared, the person applying must transmit a copy of
the affidavit, whether sworn or unsworn, to the eligible Judge or eligible
Magistrate who is to determine the application.
[6] Section 27 Determining an application
Omit section 27(1)(c). Insert instead--
(c) in the case of a remote application--the application is made is
accordance with section 26, and
[7] Section 33 Application for approval after use of surveillance device without warrant
or under emergency authorisation
Insert after section 33(1)--
(1A) Subsection (1) does not apply if the law enforcement officer uses an optical
surveillance device to observe, but not record, the carrying on of an activity.
[8] Section 33(3B)
Insert after section 33(3A)--
(3B) An application for approval under this section may be made by e-mail or any
other means of communication if the eligible Judge who is to determine the
application requests that it is made that way.
Explanatory note
Item [2] of the proposed amendments expands the list of court, tribunal and other proceedings in
which certain protected information, including information obtained from the use of a surveillance
device, may be used, published or communicated. Item [1] makes a consequential amendment.
Items [3] and [5] remove references to transmission of applications for warrants being made by fax
and also allow for remote applications to be made if the eligible Judge or Magistrate requests that they
are made that way. Items [4] and [6] make consequential amendments.
Item [5] also removes the requirement for an affidavit relating to an application for a retrieval warrant
to be transmitted by fax and allows it to be transmitted by any other appropriate method such as
e-mail.
Item [7] provides an exception from the requirement that a law enforcement officer apply to an eligible
Judge for approval of the use of an optical surveillance device without a warrant in an emergency.
The exception applies if the law enforcement officer uses an optical surveillance device only to
observe the carrying on of an activity, not to record.
Item [8] clarifies that in person applications are not required and that applications may be made by
use of modern technology, such as encrypted e-mail.
1.16 Terrorism (Police Powers) Act 2002 No 115
[1] Section 24A Police Commissioner may declare this Part applies to terrorist act to
which police are responding
Omit "may be made in respect of the specified location at which police officers are
responding and in respect of any other related specified location" from section 24A(2).
Insert instead "made under this Part applies to each location at which police officers are
responding to the incident".
[2] Section 36 Review of Act
Insert after section 36(1B)--
(1C) For the purposes of the review, the Minister may require the Commissioner of
Police to provide information about declarations made by the Commissioner
under Part 2AAA.
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Schedule 1 Amendments
Explanatory note
Item [1] of the proposed amendments provides that a declaration that an incident is a terrorist act
applies to each location at which police officers are responding to the incident.
Item [2] provides that, for the purposes of reviewing the Terrorism (Police Powers) Act 2002 to
determine whether its policy objectives remain valid and its terms remain appropriate for securing
those objectives, the Minister may require the Commissioner of Police to provide information about
declarations that incidents are terrorist acts.
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